How is the term during which spousal support must be paid determined?

The duration of spousal support is determined on the basis of Article 1:157 of the Dutch Civil Code. On 1 January 2020, the periods during which spousal support must be paid were changed. Before this date, the maximum period was 12 years. If you divorce after 1 January 2020, the period during which spousal support must be paid is a maximum of 5 years. This may also be shorter if the marriage or registered partnership lasted less than 10 years. In that case, the period is half the duration of the marriage or registered partnership. There are three exceptions that may extend the period, namely:

1. if children were born during the marriage or registered partnership. Spousal support then ends when the youngest child reaches the age of 12;
2. the marriage or registered partnership lasted longer than 15 years (at the time of filing for divorce) and the person entitled to support will receive a state pension within 10 years. In that case, spousal support ends when the person entitled to support reaches the state pension age;
3. the marriage or registered partnership lasted longer than 15 years (at the time of filing for divorce) and the person entitled to maintenance was born on or before 1 January 1970 and will receive a state pension in more than 10 years. In that case, the maintenance obligation lasts 10 years.
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If several of the above situations apply, the longest term applies. The term commences on the date on which the divorce decree is entered in the civil registry.

Spousal maintenance may be terminated before the end of the fixed term. This may be the case if the person entitled to maintenance has sufficient income to provide for his or her own livelihood, or if the person entitled to maintenance marries, enters into a registered partnership, starts cohabiting, or dies.

Recent ruling

On 22 December 2025 (ECLI:NL:RBGEL:2025:11565) , the Gelderland District Court ruled on the shortening of the period agreed by the parties for the payment of spousal support.

In this ruling, the parties were married. They are the parents of a minor child who lives primarily with the woman. Upon divorce in 2021, the court ruled that the man must pay child support to the woman. The parties agreed on a divorce agreement. In this agreement, they agreed that the man would pay spousal support to the woman from 1 September 2021 and that this would continue until the child reached the age of 12. On 25 September 2025, the juvenile court ruled that the parties' child should be removed from the home.

The man requests the court to amend the divorce decree of 5 August 2021, in the sense that the spousal support he is required to pay is set at zero with effect from the date of filing the petition. The man's reason for this is that the parties based their divorce agreement on an incorrect assumption. Because the minor child has been removed from the home, the woman has limited care responsibilities and can earn more income.

The court’s decision

First, the court must assess whether there are changed circumstances that justify a change in the spousal support previously agreed between the parties or determined by the court. These must be circumstances that have changed to such an extent that the spousal support no longer meets the legal criteria (Section 1:401 of the Dutch Civil Code). This is the case here. At the time of the divorce, the man had no housing costs, and this was not taken into account. He now does have such costs. The woman has also started working more, and the child has been placed in care.

The court can then consider the substance of the case. The court must first assess whether, now that circumstances have changed, the woman is still entitled to spousal support.

The court agrees with the man that the situation – payment of spousal support until the child reaches the age of 12 – applies if the person entitled to support is caring for young children and this prevents them from working and thus earning more income. In this case, the situation is different. There is joint custody, with care responsibilities divided equally between the parents. In addition, the child has been placed in care, which means that the woman has only limited care responsibilities. It is not expected that this will change in the short term.

The woman's limited childcare responsibilities do not compromise her ability to provide for herself. The woman can be expected to be able to work and earn more income. The court ruled that the duration of the maintenance obligation must be determined on the basis of the main rule of Article 1:157(1) of the Civil Code, namely that the woman is entitled to spousal maintenance for a period equal to half the duration of the marriage, up to a maximum of five years. This period had since expired.

Now that the court has determined that the woman is no longer entitled to spousal support, it will not consider the substance of the request for a reduction to zero.

Conclusion

Judges are reluctant to shorten the duration of the maintenance obligation. High standards are set for the substantiation of such a request. As the discussed ruling shows, whether the duration can be shortened depends on the circumstances of the case. More limited childcare responsibilities than previously assumed may be a reason.

If your ex-partner has submitted a request to the court to shorten the duration of the maintenance obligation, or if you wish to do so yourself, it is wise to seek legal advice from a solicitor specialising in family law.

At SPEE Solicitors & Mediation, our solicitors and mediators have many years of experience in family law and, specifically, in family law for entrepreneurs. Please feel free to contact us for expert advice.